Q: My public defender not using a pre writ a habeas corpus, based on facially unconstitutional of statute. Counterman V COL

A: It sounds like you are facing a serious situation with significant legal implications. If you believe that your public defender is not adequately representing you or is not using all possible legal strategies, such as filing a pre-writ of habeas corpus to challenge the constitutionality of the statute under Counterman v. Colorado, you have the right to address this with them directly. Explain your concerns clearly and ask why this strategy hasn't been pursued.

Your claim involves important issues of protected speech under the First Amendment, particularly if the alleged email does not meet the legal standards for "fighting words" or threats. Misrepresentation by the doctor and lack of questioning by the detective before obtaining warrants could also be relevant to your defense, potentially affecting the validity of the evidence against you. It's crucial to have these facts presented accurately and assertively in court.

If you are not satisfied with the response from your current attorney, you may consider reaching out to local legal aid organizations, law schools, or advocacy groups that handle civil rights cases and criminal defense. These organizations sometimes offer pro bono services or can connect you with someone who can take your case. Your right to a fair trial and competent legal representation is fundamental, so exploring all options is important to ensure your rights are protected.